FAR 1.701—Definition.
Plain-English Summary
FAR 1.701 defines the term "Determination and Findings" (often called a D&F) and explains its role in federal contracting. This section covers what a D&F is, who must approve it, why it is required, and how it is structured: a "determination" is the authorized official’s conclusion or decision, while the "findings" are the supporting facts and rationale. It also makes clear that a D&F is not just a formality; it is a legally required written approval when a statute or regulation says a contract action cannot proceed without it. In practice, this definition matters because it sets the standard for the documentation that must exist before certain actions can be taken, such as when an exception, waiver, or special approval is needed. A properly prepared D&F helps show that the government considered the governing requirements and had a defensible basis for the action. A weak or incomplete D&F can delay procurement actions, create audit findings, or undermine the legality of the contract decision.
Key Rules
Written approval required
A D&F is a special form of written approval. It is only used when a statute or regulation makes that approval a prerequisite to a contract action.
Authorized official must sign
The determination must be made by an authorized official. The person approving the action must have the authority to make the required decision under the applicable law or regulation.
Determination and findings are distinct
The "determination" is the actual conclusion or decision, while the "findings" are the supporting facts and rationale. Both parts are necessary, and they serve different functions in the document.
Findings must support the decision
The findings must contain the facts or reasoning needed to support the determination. They are not optional background information; they must justify why the decision is proper.
Must address every requirement
The findings must cover each requirement of the governing statute or regulation. If any required element is missing, the D&F may be incomplete and insufficient to support the action.
Responsibilities
Authorized Official
Make the required determination and provide written approval only when empowered to do so. Ensure the decision is supported by adequate findings that satisfy every statutory or regulatory requirement.
Contracting Officer
Prepare, coordinate, or obtain the D&F when a contract action requires one. Verify that the document is complete, properly supported, and approved before proceeding with the action.
Legal/Policy Advisors
Review the proposed D&F for compliance with the applicable statute, regulation, and agency procedures. Help ensure the findings are legally sufficient and that the determination is within the official’s authority.
Agency
Establish internal procedures, delegations, and approval thresholds for D&Fs. Ensure personnel understand when a D&F is required and how it must be documented.
Practical Implications
A D&F is often a gatekeeper document: if it is required and not properly completed, the contract action should not move forward.
The most common mistake is treating the determination as a short approval memo and failing to include findings that address every required element.
Another frequent problem is using an official who lacks the proper authority, which can invalidate the approval or require rework.
Contracting officers should make sure the record clearly ties the facts to the legal requirement, because unsupported conclusions are vulnerable to protest, audit, or internal review.
For contractors, a D&F may signal that the government is using a special authority or exception, so it is important to understand the basis for the action and any limits it creates.
Official Regulatory Text
Determination and Findings means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The "determination" is a conclusion or decision supported by the "findings.’’ The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation.